Buffalo Title IX Lawyer [2024 Update]

Title IX Lawyers in Buffalo, NY

Title IX of the Education Amendments Act of 1972 is a federal law that prohibits educational institutions that receive federal funds from discriminating on the basis of gender. The law protects students, faculty, and staff from sexual harassment, sexual violence, and gender-based discrimination. It was designed to ensure that all students have equal access to programs and activities at campuses across the country, including in Buffalo, NY.

If you have been accused of a Title IX violation, it is strongly recommended that you work with an attorney. The Title IX Lawyers at King Law can help you understand your rights and guide you through the legal process. Contact our firm now to discuss your case through a free consultation.

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Title IX Regulation Updates [2024]

March 22, 2024: SUNY Buffalo Applies Incorrect Policy – Student’s Expulsion Overturned

In a recent decision by a New York Appellate Court, the court held that the University at Buffalo failed to follow its own policies regarding Title IX and the Code of Conduct. In this case brought by a former student, the university accused him of violating the regular “Code of Conduct” instead of the Title IX policy. This resulted in a violation of the student’s rights because, under the regular “Code of Conduct,” the student was not afforded the right to “live cross-examination,” which the Title IX policy would have provided. Consequently, the student’s expulsion was overturned, and the college was ordered to expunge all references from the student’s records.

January 12, 2024: Proposed changes to Title IX are expected to be delayed beyond the March 2024 deadline. The date for the changes proposed by the Biden-Harris Administration is again expected to be delayed.

What is Title IX in Buffalo, NY?

Title IX refers to Title IX of the Education Amendments Act of 1972. It is a federal law that requires all programs and activities that receive federal funding to provide equal access to education regardless of a person’s sex. Gender-based discrimination or discriminatory practices are prohibited under the law.

Title IX of the Education Amendments of 1972

Title IX refers to Title IX of the Education Amendments Act of 1972. With limited exceptions, most educational institutions that receive federal funding are required to comply with Title IX. All levels of school are subject to compliance including public and private elementary and secondary schools as well as colleges and universities.

What Educational Institutions Are Subject to Title IX?

With limited exceptions, most educational institutions that receive federal funding are required to comply with Title IX. All levels of school are subject to compliance including public and private elementary and secondary schools as well as colleges and universities.

Educational institutions required to comply with Title IX include:

• Vocational schools
• Professional schools
• Graduate schools
• Public institutions of undergraduate higher education
• Public and private elementary and secondary schools
• Districts, colleges, and universities receiving federal funds

An accusation of a Title IX violation must be thoroughly investigated. If you are accused of violating Title IX, you should consult with an attorney as soon as possible.

What Would Be a Violation of Title IX in Buffalo Colleges and Universities?

Title IX violations at Buffalo colleges and universities may include a wide range of matters. If found guilty of a violation, a student, staff, or faculty member could face significant consequences such as expulsion, suspension, or loss of a position.

Title IX violations at Buffalo schools may be based on:

• Gender discrimination
• Sexual harassment
• Sex-based harassment
• Sexism
• Gender-disproportionate athletic programs
• Sexual violence, domestic violence, and dating violence
• Non-consensual sexual contact or intercourse
• Sexual exploitation and sexual assault
• Stalking
• Retaliation

Being accused of a violation of Title IX can deeply impact your future. It is important to consult with an experienced attorney about your rights. Exercising your right to legal representation can help ensure you receive the best possible outcome in your case. 

What Are Examples of Title IX Violations?

Title IX violations can vary greatly and may include a multitude of actions, omissions, or wrongdoing. All allegations of Title IX violations must be investigated by a college or university.

Examples of Title IX violations:

• Derogatory or sexist remarks made by a coach to their team
• Requests for sexual favors in exchange for a higher grade
• Stalking or making obscene phone calls or texts
• The use of sexually suggestive jokes in class
• The use of force, threat, or intimidation for sexual activity
• Non-consensual intercourse, such as when a person is incapacitated by drugs or alcohol
• An employee being demoted after making a complaint

Even being accused of a Title IX violation can change your entire life. It may leave a stigma that can make it difficult to continue attending or working for the college or university. In order to protect your future, you need to consult with a criminal defense attorney about your rights and responsibilities after allegations of misconduct.

What Does Title IX Not Protect Against?

Title IX protects students, faculty, and staff at educational institutions that receive federal funding from sex- or gender-based discrimination. However, there are a few exceptions carved out in the federal law. Title IX does not protect against admission-based discrimination in public or private higher educational institutions with a tradition of admitting only students of one sex.

It also does not apply to the membership practices of social fraternities or sororities, Girl Scouts, Boy Scouts, or other voluntary service organizations that are limited to one sex and to people under the age of 19 years old. However, the vast majority of educational institutions and programs are covered by Title IX since they accept federal funding.

Most Common Title IX Cases in Buffalo, NY

The most common Title IX cases in Buffalo, NY, involve allegations of sexual harassment and sexual assault between students. Many times, it is one student accusing another student of nonconsensual sexual contact.

What You Should Do if Accused of Title IX Violation

If you are accused of a Title IX violation at a Buffalo college or university, you need to speak with an attorney. An attorney can help you gather evidence and build a strategic defense for your case. It is important to act quickly. The longer you wait, the more difficult it may be to prepare for your hearing.

A lawyer can help you with all aspects of your case including walking you through the investigation process, helping you prepare a statement, evidence collection, and an appeal, if necessary.

Title IX Investigations – The Timeline and Process

A Title IX investigation may take months to resolve. Throughout the process, it is strongly recommended that you have legal counsel to ensure your rights are protected. It is important to remember that you are presumed innocent until proven guilty and that the school must clarify the standard of proof used during the investigation.

Schools are required to investigate all formal Title IX complaints. A formal complaint will launch an investigation. Both parties are notified about the investigation and have a chance to submit evidence, and have legal representation. You have the right to cross-examine witnesses and generally have the right to appeal if a negative decision is made.

Title IX Reporting Requirements in Buffalo, NY

All employees in an administrative, supervisory, or instructional role at an educational institution that is required to comply with Title IX are generally required to report potential violations to the campus Title IX coordinator. The Title IX coordinator must then oversee the allegations, and an investigation must be launched if a formal complaint is made.

How to File a Title IX Complaint in Buffalo, NY

The first step in filing a Title IX complaint is contacting your school’s Title IX coordinator. The U.S. Department of Education’s Office for Civil Rights (OCR) is also responsible for enforcing Title IX. You can file a complaint directly with the OCR through their website, by emailing OCR@ed.gov, or by calling 800-421-3481 (TDD: 800-877-8339).

Title IX Defense for Students, Faculty, and Staff

Our law firm defends college students, faculty members, and staff at colleges and universities in Buffalo, NY. If you are found guilty of a Title IX violation, you could face substantial consequences regardless of whether you are a student, faculty member, or staff of the college or university.

Possible consequences of a Title IX violation:

• Suspension
• Probation
• Expulsion
• Withdrawal of federal funds
• Revocation of your degree
• Loss of employment or tenure
• Loss of a scholarship

The consequences of a Title IX violation can be life-changing. It may affect your entire future. It is important to remember that you have rights. Even if you were accused, you still have the right to defend yourself. You have the right to present evidence and witness testimony that proves your version of events. An attorney can help prepare you for the informal or formal hearing that may decide your case.

Colleges and Universities in Buffalo, NY

There are a number of colleges and universities located in Buffalo, NY. Each is required to have a Title IX coordinator to receive and investigate complaints or allegations.

Colleges and universities in Buffalo, NY:

• Canisius University 
• D’Youville University
• Trocaire College
• Bryant & Stratton College – Buffalo
• Villa Maria College
• Buffalo State University
• University at Buffalo

If you are accused of a Title IX violation at one of these or another Buffalo college or university, you need to speak with an attorney as soon as possible to determine your legal options.

Title IX Coordinator Contact Information:

• Canisius University – Debbie Owens (Title IX Coordinator/Associate Dean of Students)
• D’Youville University – Danielle Nesselbush (Title IX Coordinator)
• Trocaire College – Shani Smith (Civil Rights Compliance Officer/Title IX Coordinator)
• Bryant & Stratton College – Buffalo – Adam Patterson (Dean of Instruction)
• Villa Maria College – Brian Emerson (Executive Vice President/Title IX Coordinator)
• SUNY Buffalo State University – Lisa Morrison-Fronckowiak (Title IX Coordinator and Interim Chief Diversity Officer in the Equity and Diversity Office)
• University at Buffalo – Sharon Nolan-Weiss (Director/Title IX/ADA Coordinator)

Title IX Outcomes at King Law

King Law attorneys have represented numerous students, faculty, and staff throughout New York in Title IX violations. In many cases, our clients were found not responsible for the misconduct. We are also well-versed in negotiating favorable resolutions for our clients accused of Title IX violations, including allowing a student to avoid a formal hearing.

Contact a Title IX Lawyer in Buffalo, NY

At King Law, we have extensive experience representing students, faculty, and staff who have been accused of Title IX violations at their colleges and universities. We will help you navigate the process and determine the best course of action based on the circumstances of your case. Contact our office to speak with a Title IX lawyer in Buffalo, NY, today.

Frequently Asked Questions (FAQs)